Ending Forced Arbitration of Race Discrimination Act of 2023

This bill, the Ending Forced Arbitration of Race Discrimination Act of 2023, prohibits employers from requiring employees to resolve claims of race discrimination through private arbitration. It invalidates any pre-dispute arbitration agreement or waiver for disputes involving discrimination, harassment, or retaliation based on race, color, or national origin under federal, tribal, state, or local law. Employees can now choose to file such claims in court instead of forced arbitration, and courts - not arbitrators - will determine if an arbitration clause applies. The law applies to claims arising after the bill's enactment date.